Capitol Records, LLC v. Redigi Inc.

Filing 280

LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 12/13/2016 re: RESPONSE TO 12/9/2016 LETTER FROM DEFENDANTS' COUNSEL REGARDING UNSEALING OF DOCUMENTS. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)

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COWAN LIEBOWITZ LATMAN.r Cowan, Liebowitz & Latman, P.C. 114 West 47th Street New York, NY 10036 (212) 790-9200 Tel (212) 575-0671 Fax Richard S. Mandel (212) 790-9291 VIA ECF and EMAIL December 13, 2016 Hon. Richard J. Sullivan United States Courthouse 40 Foley Square, Room 2104 New York, NY 10007 Re: Capitol Records, LLC v. ReDigi Inc., 12 cv. 0095 (RJS) Dear Judge Sullivan: We represent Plaintiffs in the above-referenced action and write in response to the letter of December 9, 2016 from C. Dennis Loomis, counsel for the Defendants in connection with their appeal to the Second Circuit. While Plaintiffs have no objection to the unsealing of documents containing ReDigi's own previously designated confidential material, the relief as requested in Mr. Loomis' letter would have the effect of also unsealing documents containing information that has been designated as confidential by Plaintiffs. To avoid any possible misunderstanding or inadvertent disclosure of information which should continue to be treated as confidential in accordance with the Court's prior orders granting Plaintiffs' sealing motions (Docket Nos. 71 and 102), Plaintiffs write to clarify those documents referenced in Defendants' letter that should continue to be sealed. In addition to Exhibit 6 to Docket No. 57 (Declaration of Gary Adelman in Support of Defendant's Motion for Summary Judgment), which Defendants acknowledge in Mr. Loomis' letter should remain under seal, the following documents that are the subject of Defendants' motion include information designated as confidential by Capitol and should remain under seal: Docket No. 74 Exhibit 3 (exhibit from deposition of Mark Piibe attached to declaration ofRichard S. Mandel, Esq.) Docket No. 76 (Plaintiffs Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment) Docket No. 78 (Plaintiffs Response to Defendant's Statement of Undisputed Facts Pursuant to Local Rule 56.1) Docket No. 90 (Reply Memorandum of Law in Further Support ofReDigi's Summary Judgment Motion) 29503/003/2178043.1 Cow an, Liebow itz & Latman, P.C. Hon. Richard J. Sullivan, U.S.D.J. December 13, 2016 Page2 Docket No. 91 Exhibit 1 (Reply Declaration of Gary Adelman in Support of Defendant's Motion for Summary Judgment) Plaintiffs are prepared to provide complete unredacted copies of the foregoing documents containing their confidential information to Defendants' appellate counsel so long as an amended protective order is entered by the Court and signed by Defendants' appellate counsel binding them to the terms of the protective order currently in place. We thank the Court for its attention to the foregoing and are available to discuss these issues further if the Court so requests. Respectfully, u;2_f!__--f ~_y RichardS . Mandel cc: All Parties Receiving Notice via ECF 29503/003/2178043.1 __...........- (

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